1 2025:CGHC:3028-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3532 of 2024 Smt. Rambha Verma W/o Anek Ram Verma, Aged About 80 Years R/o Village Parsada, Remand, Police Station Mulmula, District Janjgir - Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Station House Officer, Police Station Mulmula, District Janjgir- Champa, Chhattisgarh. 3 - Girendra Tiwari S/o Late Shankar Lal Tiwari, R/o Village Janpad Panchayat Akaltara, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr.Sumit Singh and Mr.Akash Sahu, Advocates For Respondents No.1 and 2/State : Mr.Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.18 11:31:57 +0530 2 17 .01 .2025 1. Heard Mr.Sumit Singh and Mr.Akash Sahu, learned counsel for the petitioner. Also heard Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.1 and 2/State. 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, prayed this Hon’ble Court may kindly be pleased to set-aside/quash the First Information Report bearing Crime No.115/2018 dated 25-08-2018 (Annexure P-1) registered for the offence under Section 409 & 420 of Indian Penal Code registered at Police Station Mulmula, District Janjgir-Champa (C.G.) (Annexure P-1), in the interest of justice.” 3. In compliance of the Court’s order dated 06.01.2025 the Superintendent of Police, District Janjgir Champa has filed his personal affidavit which is reproduced hereinbelow:- “1. That, I am posted as the Superintendent of Police, District Janjgir Champa (C.G.) and duly authorized to swear this affidavit on behalf of the Answering Respondents/State in compliance of the Hon'ble Court's order/direction dated 06.01.2025, passed in the present matter and as such fully conversant with the facts of the case. 2. That, in the meantime, the subject case came up for hearing before the Hon'ble Court on 06.01.2025 and after on 06.01.2025 and after hearing this matter, the Hon'ble Court has been pleased to direct the Superintendent of Police, Janjgir Champa to file his personal affidavit in the matter by the next date of 3 hearing calling for an explanation from the concerned Investigation Officer regarding delaying the investigation for a period of more than 6 years. Therefore, in compliance whereof, the instant affidavit is being filed before the Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's order dated 06.01.2025, it is most humbly and respectfully submitted that, the Deponent has issued Show Cause Notice to the concerned Investigation Officer regarding delaying the investigation for a period of more than 6 years in the subject crime number vide its letter dated 07.01.2025. Copy of the notice dated 07.01.2025, is being annexed herewith as ANNEXURE R/A for kind perusal of this Hon'ble Court. 4. That, in compliance of the aforesaid notice dated 07.01.2025, the concerned Investigating Officer has submitted his explanation letter on 16.01.2025 before the office of the Deponent wherein, he has categorically informed the deponent that, a complaint was made on 17.08/2015 by the complainant/present Respondent No. 2/Girendra Tiwari against the present petitioner before the Commissioner, Jandarshan, Bilaspur regarding financial irregularities being Sarpanch of Gram Panchayat Parsada for which, a committee was constituted by the concerned Collector to inquire into the matter and to submit the report in this regard. Thereafter, on 25.08.2018, FIR was registered by the police of Police Station Mulmula against the present petitioner and the matter was taken into investigation. During investigation, it was found that, the present petitioner has committed financial irregularities being Sarpanch of 4 Gram Panchayat Parsada, Janpad Panchayat Akaltara, District Janjgir Champa for which, a committee was constituted by the concerned Collector to Inquire into the matter and to submit a report in this regard, therefore, the concerned Investigating Officer has informed the deponent that, certain documents/report has been sought from the office of the Tehsildar/Janpad Panchayat, Akaltara vide letters dated 18.11.2024, 11.01.2025 and 14.01.2025, but the same is still awaited, therefore, on the instruction of the Deponent, charge sheet has been filed under Section 173 (8) of the Cr.P.C. before the concerned Judicial Magistrate First Class, Pamgarh, District Janjgir Champa on 16.01.2025 against the present petitioner. Copy of the reply of the explanation dated 16.01.2025, submitted by the concerned Investigating Officer before the office of the Deponent, is being annexed herewith as ANNEXURE R/B for kind perusal of this Hon'ble Court. 5. That, the Deponent tenders his unconditional apology before this Hon'ble Court for any action which may have been done under a bonafide belief and the Deponent hereby undertakes and assures this Hon'ble Court that, he will be very careful and vigilant in future in making compliance of the orders/directions and/or warrants issued by the Courts of law from time to time and the same would not be repeated in future. 6. That, the Deponent has highest regards to the orders and directions passed by the Hon'ble Court from time to time and as and when, any further direction be made by the Hon'ble Court, the same will be complied with in its true spirit.” 4. It is stated by learned Deputy Advocate General appearing for 5 respondents No.1 and 2/State that against the erring officials show cause notice has been issued for keeping the investigation pending for about six years and it is stated that the charge-sheet has been submitted before the competent Court against the petitioner on 16.01.2025 and learned counsel for the petitioner submitted that the petitioner is on bail. 5. Considering the fact that the charge-sheet has been submitted before the Competent Court, the present petition is disposed of with liberty to the petitioner to take recourse to law, if aggrieved by the charge-sheet, if the matter survives. 6. The Director General of Police, Raipur, Chhattisgarh is directed to file his personal affidavit in the matter regarding the explanation which has been sought by the Superintendent of Police, Janjgir-Champa against the erring investigating officials, who have kept the matter pending for about six years and send the same to the Registrar (Judicial) of this Court, who shall place the same in the chamber on 7th March, 2025 for perusal as soon as the proceedings against the erring officials are completed. 7. The Registrar (Judicial) as well as the State Counsel shall send a copy of this order to the Director General of Police, Raipur, Chhattisgarh forthwith for necessary compliance and follow up action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu